The Federal High Court in Abuja on Thursday turned down a legal action initiated against President Bola Tinubu, which sought to contest the declaration of an emergency rule in Rivers State on March 18, 2025.
Rendering a verdict, Justice James Omotosho stated that the five plaintiffs did not have the legal standing to initiate the case, and that only the Supreme Court has jurisdiction over issues concerning the declaration of an emergency.
In March, President Tinubu suspended Governor Siminalayi Fubara, his deputy, Ngozi Odu, and members of the Rivers State House of Assembly for six months after declaring a state of emergency.
A single administrator, Vice Admiral Ibok-Ete Ibas (retired), was designated to manage the state during this time.
Upset about the situation, Belema Briggs and four others took the President, the Federal Republic of Nigeria, Ibas, and three more individuals to court.
They requested statements asserting that Tinubu did not have the authority to suspend Fubara and others or transfer the state's executive powers to Ibas, calling the announcement "unlawful and a violation of the Constitution."
However, in his opinion, Judge Omotosho decided that the case was incorrectly submitted to the Federal High Court.
"Only the Supreme Court can consider cases involving the declaration of an emergency. This court no longer has the authority to examine the President's power to declare a state of emergency in Rivers State or to suspend the governor, deputy governor, and members of the state’s House of Assembly," he stated.
The judge also labeled the lawsuit as without merit, pointing out that none of the suspended officials were involved in the case and that the five plaintiffs lacked the authority to represent all the people of Rivers State.
"The initial procedure should not have been approved for submission in this court. The topic of this case is clearly beyond the authority of this court," Justice Omotosho stated.
He mentioned that the assertion that Tinubu took action to prevent a collapse of law and order was not challenged by the plaintiffs.
"Based on the court's conclusions, there were valid reasons for the President to declare a state of emergency and appoint a single administrator for Rivers State," he decided.
He argued that the declaration and removal of the governor and others were appropriate and aligned with Section 305 of the Constitution, emphasizing that the President acted to avoid chaos.
"The president has properly utilized his authority by appointing the Sole Administrator for Rivers as provided under Section 305," he stated.
The judge also rejected claims that the proclamation violated basic rights, pointing out that emergency legislation legally permits the president to use such authority for the sake of public safety.
In conclusion, Justice Omotosho stated: "Therefore, this lawsuit is dismissed completely."
President Tinubu has announced the conclusion of the emergency rule on September 18, revealing that more than 40 legal cases have been submitted against the declaration, including a notable challenge by the Peoples Democratic Party in the Supreme Court.
Provided by SyndiGate Media Inc. (Syndigate.info).
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